Item C29BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 6/19/2013 Division: County Administrator
Bulk Item: Yes Department: Airports
Staff Contact Person/Phone #: Peter Horton, 809-5200
AGENDA ITEM WORDING: Approval of Hangar Lease Agreement between Marathon Flying Club, Inc.
and Monroe County in reference to the replacement hangars at the Florida Keys Marathon Airport.
ITEM BACKGROUND: This agreement establishes the cost and terms of lease for nine (9) of the eleven (11)
hangars that must be moved at the Florida Keys Marathon Airport.
PREVIOUS RELEVANT BOCC ACTION: FAA Grant 44-29 approved at the October 2011 BOCC regular
meeting. FAA Grant 44-30 approved at the October 17, 2012 BOCC regular meeting.
CONTRACT/AGREEMENT CHANGES: New Agreement.
STAFF RECOMMENDATION: Approval. The future construction of the replacement hangars is at no cost
to the airport. FDOT pays 80° o of the work and the hangar owners will pay 20%.
TOTAL COST: $00 INDIRECT COST: NA BUDGETED: Yes
DIFFERENTIAL OF LOCAL PREFERENCE: NA
COST TO COUNTY: None SOURCE OF FUNDS:
COST TO AIRPORT: None
COST TO PFC: None
REVENUE PRODUCING: Yes X No AMOUNT PER YEAR: $32,400yr
_ -
APPROVED BY: County Attorney � � (Purchasing Risk Managemen �-,
DOCUMENTATION: Included Not Required
DISPOSITION: AGENDA ITEM #
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: FAA
Contract Purpose/Description: Remove RW obstr/RPZ
Contract Manager: Peter Horton
(name)
for BOCC meeting on: 06/19/2013
Total Dollar Value of Contract: $
Budgeted? N/A
Grant:
County Match: N/A
Estimated Ongoing Costs:
t (not included in dollar value above)
Date In
Airports Director 06/04/2013
Risk Management/ C /
B./Purchasing 0 /5 /-a
County Attorney
Comments:
Effective Date: 10-17-2012
Expiration Date:
# 5200 Airports - Stop # 5
(Ext.) (Department/ Stop)
Agenda Deadline: 06/04/2013
CONTRACT COSTS
Current Year Portion:
Account Codes: Future FDOT Grant
ADDITIONAL COSTS
For: .
(eq. maintenance, utiliti
CONTRACT REVIEW
Changes
Needed
Yes No
r-.
Reviewer
Management
etc.
Date Out
06/04/2013
�l sl1
HANGAR LEASE AGREEMENT
FLORIDA KEYS MARATHON AIRPORT
MARATHON FLYING CLUB, INC.
THIS LEASE AGREEMENT made and entered into this 19`h day of June, 2013 by
and between Monroe County, a political subdivision of the State of Florida, whose address is
9400 Overseas Highway, Suite #200, Marathon, FL 33050, hereafter County, and Marathon
Flying Club, Inc., a Florida corporation, whose address is PO Box 501514, Marathon, FL
33050, hereafter Tenant or Lessee.
WITNESSETH:
WHEREAS, the County owns property known as the Florida Keys Marathon Airport.
located in Marathon, Monroe County, Florida, hereinafter referred to as "Airport"; and
WHEREAS, Lessee currently leases 9 hangars from the County; and
WHEREAS, the currently leased hangars are located in the Runway Protection Zone
(RPZ); and
WHEREAS, the County desires to remove the hangars from the RPZ and re -locate the
Lessee to another area of the airport; and
WHEREAS, Lessee has agreed to relocate to an alternative site at the airport; now
therefore,
IN CONSIDERATION of the mutual covenants, promises and premises herein contained,
the parties hereto agree as follows:
1. The parties mutually agree to cancel their current Lease Agreement (dated
October 15, 1997) effective June 19, 2013, with neither party having any further duty,
obligation or liability to the other under the terms of the December 18, 2002 lease. A copy
of the lease is attached to this lease as Exhibit A. In consideration of the Lessee's consent to
the cancellation of the lease the County shall, within 30 days of execution of this Agreement
make aone time payment to Lessee of $104,538.42 for Lessee's 9 hangars.
2. a) The County hereby leases, on a month to month basis, to the Lessee certain
property in the northeast corner of the Marathon Airport more particularly described
in Exhibit B, which is attached to, and made a part of, this lease. Upon availability of
replacement hangars, Lessee agrees to peaceably surrender the hangars depicted in
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exhibit C. Lessee shall be provided written notice of the availability of the
replacement hangars and shall vacate the premises depicted in exhibit C within 30
days of receipt of notice. For purposes of this section, the hangars shall be deemed
and defined as being available upon receipt of the structure's certificate of
occupancy.
b) Lessee shall be granted the right of first refusal for occupancy of the
replacement hangars. The County will construct said hangars using F.D.O.T and
tenant funding. Funding for the construction of the hangars shall be borne by the
F.D.O.T. up to a maximum of 80% of total hangar construction costs. Funding of the
aprons and taxiways shall be borne by F.A.A. up to a maximum of 90% of total
apron and taxiway construction costs. The newly constructed hangars, aprons and
taxiways (hereafter Premises) at all times during this lease are and remain the
property of the County.
c) If Lessee exercises it right of first refusal and leases the Premises, or a
portion thereof, Lessee shall contribute up to a maximum of $39,615.38 per hangar
towards the cost of construction of the hangars, apron and taxiways. If Lessee does
not exercise its right of first refusal, Lessee shall peaceably vacate the shade
hangars and shall make arrangements to remove all personal property, including
aircraft as outlined in subparagraph 2a above.
3. The term of the lease is 20 years. This lease, at the option of the Lessee,
may be extended for an additional ten year term. However, if so extended, the rental
payments provided for in paragraph 4, will be readjusted according to the most recent
County rates and charges study then available and will thereafter be subject to the CPI
provided for in paragraph 4.
4. a) The initial rent for the Premises (9 hangars) is $2,700.00 per month plus
tax, payable in advance on or before the first business day of each month. The rent
will be adjusted annually beginning with the first anniversary of the
commencement of the lease term, and at every anniversary thereafter, by a
percentage equal to the CPI percentage for urban consumers for the calendar year
immediately preceding the anniversary date.
b) Lessee may sublease any of the hangars without permission of the
County. However, the Lessee must furnish the County's Marathon Airport Director
a copy of the sublease immediately upon its execution together with a description
of the plane using the hangar and persons authorized to use such plane. If the
sublessee's hangar rent is in excess of 125% of the rent paid by Lessee to the
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County under this lease, then the Lessee shall pay to the County one-half of the
amount by which sublessee's rent exceeds 125% of the rent paid by Lessee for the
subleased hangar(s). For the purposes of this sub -paragraph, each hangar shall be
allocated 1/9th of the total rent for the Premises set forth is subparagraph 4a. The
County's share of such sublease rental amounts is payable to County at the same
time the Lessee's rent is due pursuant to this paragraph.
c) Lessee's sublease of any of its hangars does not in any way operate
to waive or release the Lessee from any of its duties and obligations under this
lease and Lessee shall remain fully bound by the terms of this lease as if no
sublease existed.
d) Lessee is responsible for all sales or use taxes that may be due for
rent paid pursuant to this lease and any sublessees.
e) After the first anniversary of this Lease, when a potential purchaser
offers to purchase some or all of the shares of Lessee's stock, then the Lessee must so
notify County, which will have 30 days from receipt of written notification to
exercise a right of first refusal to acquire those shares at the same purchase price as
that offered by the potential purchaser. Upon its exercise of the right of first
refusal, the County will receive, in lieu of the purchased stock certificate, the
surrender of one hangar for each 11% of Lessee's stock that it purchases. After such
surrender the County may lease such surrendered hangar(s) and corresponding
portion of the premises to third persons free and clear of any claims of Lessee, and
the rent for the remaining portion of the Premises shall be reduced pro rata. Lessee
may override County's exercise of its right of first refusal by paying to County one-
half of the purchase price.
5. The Lessee agrees not to cause or permit any lien, mortgage or other
encumbrance to be placed on the premises, hangars included. If such occurs, the Lessee
must immediately undertake, at its expense, whatever actions needed to remove and cancel
the lien, mortgage or other encumbrance.
6. The Lessee is responsible for normal and routine maintenance of the
hangars, and shall surrender the hangar, at the conclusion of the Lease, in good condition. If
during the term of this lease one or more of the hangars is damaged or destroyed by an act
of God, then the County must promptly, and at no cost to the Lessee, repair or reconstruct
the hangar(s). The repair or reconstruction must be made with the same quality materials
and in the same dimensions as the damaged or destroyed hangar(s).
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7. Without regard to the effective date of the term of this lease, the Lessee
may not occupy the premises until it has obtained the following Insurance required by
County;
Airport Liability and Hangarkeepers Legal Liability Insurance Requirement: Recognizing
that the work governed by this contract may involve the repair, servicing, maintenance, fueling,
or storage of aircraft, Lessee will be required to purchase and maintain, throughout the life of the
Agreement, Airport Liability and Hangarkeepers Legal Liability Insurance naming the Monroe
County Board of County Commissioners as Additional Insured.
The minimum limits of liability shall be $1 million.
Lessee shall maintain the required insurance throughout the entire term of this lease and
any extensions which may be entered into. The County, at its sole option, has the right to request
a certified copy of any and all insurance policies required by this lease. Failure to comply with
this provision shall be considered a default and the County may terminate the lease in accordance
with Paragraph 15.
Any deviations from these General Insurance Requirements must be requested in
writing on the County prepared form entitled "Request for Waiver of Insurance Requirements"
and be approved by Monroe County Risk Management.
Should the County require hangar tenants at the Marathon Airport to increase the
minimum required amount of insurance, such additional insurance requirement will be
passed on the Lessee. However, any such increase must be in the same proportion as
required of the other hangar tenants of the Marathon Airport at that time.
8. Notwithstanding any minimum insurance requirements prescribed elsewhere in
this agreement, Lessee shall defend, indemnify and hold the County and the County's elected
and appointed officers and employees harmless from and against (i) any claims, actions or causes
of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other
proceedings relating to any type of injury (including death), loss, damage, fine, penalty or
business interruption, and (iii) any costs or expenses that may be asserted against, initiated with
respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any
activity of Lessee or any of its employees, agents, contractors or other invitees during the term of
this Agreement, (B) the negligence or willful misconduct of Lessee or any of its employees,
agents, sub -contractors or other invitees, or (C) Lessee's default in respect of any of the
obligations that it undertakes under the terms of this Agreement, except to the extent the claims,
actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or
sole negligent acts or omissions of the County or any of its employees, agents, contractors or
invitees (other than Lessee). Insofar as the claims, actions, causes of action, litigation,
proceedings, costs or expenses relate to events or circumstances that occur during the term of this
Agreement, this section will survive the expiration of the term of this Agreement or any earlier
termination of this Agreement.
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9. No modification(s) to the hangar facilities may be made until the
modification(s) are approved by the County's Marathon Airport Manager.
10. The hangar facilities may only be used for the following:
a) the housing of airplanes not used in commercial service;
b) the providing of care, repair and maintenance of only those airplanes
housed long-term at the hangar facilities;
c) the temporary parking of automobiles.
No other use of the hangar facilities may be undertaken by the Lessee without the
prior written approval of the County without limiting the foregoing, the Premises may not
be used in competition with any service offered for a fee by a Marathon Airport FBO, other
than the rental of hangar space.
11. No improper, unlawful or offensive use may be made of the premises and
hangars.
12. The Lessee agrees that the terms of this lease are subject to the FAA regulations
attached as Exhibit D and made a part of this lease. Lessee agrees not to commit any act or
omission that would constitute a violation of those FAA regulations.
13. Notwithstanding anything herein contained that may be, or appear to be, to the
contrary, it is expressly understood and agreed that the rights granted under this agreement
are nonexclusive and the County reserves the right to grant similar privileges to another
lessee or other lessees on other parts of the Marathon Airport.
14. At the expiration of the term of the lease, the Lessee will quietly and
peaceably deliver up possession of the leased premises to the County.
15. This lease may be canceled at the discretion of the County in the following
circumstances:
a) Lessee fails to timely pay the rent;
b) Lessee fails to obtain the insurance required under this lease or
allows the required insurance coverage to lapse or fall below the minimum
required; or
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c) Lessee otherwise breaches the terms of this lease.
In the case of the default/breach occurrences described in subparagraphs 15(a) and
(c), the County's Marathon Airport Director shall first give the Lessee a written notification
stating the default breach and that the Lessee has 10 days to correct the default/breach. If
the nature of the default/breach is such that it cannot be cured in 10 days, the Lessee shall inform
the County in writing of the reason why the default/breach cannot be cured in 10 days and shall
provide a written plan showing how the default/breach will be cured in a timely manner. If the
LESSEE has not corrected the default/breach at the end of the 10 days or if the LESSEE has
provided a cure plan, which the LESSEE has failed to timely and diligently execute, then the
COUNTY may cancel the lease in its discretion.
16. The Lessee, on keeping the covenants and obligations contained in this lease has
the quiet and peaceful enjoyment of the premises and hangars during the term of this lease
without any interruptions by the County or by any person(s) claiming through or under the
County.
17. All written communication between the parties, including the payment of
rent, shall be addressed to:
County Lessee
Peter Horton Marathon Flying Club, Inc.
9400 Overseas Highway, Suite #200 PO Box 501514
Marathon, FL 33050 Marathon, FL 33050
Either party may change their representative contacts with a written notice of such
change.
18. Venue for any litigation arising under this lease must be in a court of competent
jurisdiction in Monroe County unless an applicable federal law or regulation provides
otherwise. In the event of litigation the prevailing party is entitled to a reasonable market
value attorney's fee.
19. This lease is between the County and the Lessee only. Nothing in this lease may
create a contractual relationship with, or any rights in favor of, any third party.
20. If any term, covenant, condition or provision of this Lease Agreement (or the
application thereof to any circumstance or person) shall be declared invalid or unenforceable to
any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and
provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant,
6
condition and provision of this Agreement shall be valid and shall be enforceable to the fullest
extent permitted by law unless the enforcement of the remaining terms, covenants, conditions
and provisions of this Agreement would prevent the accomplishment of the original intent of
this Agreement. The County and Lessee agree to reform the Agreement to replace any stricken
provision with a valid provision that comes as close as possible to the intent of the stricken
provision.
21. The terms, covenants, conditions, and provisions of this Agreement shall bind and
inure to the benefit of the County and Lessee and their respective legal representatives,
successors, and assigns.
22. Lessee agrees that there will be no discrimination against any person, and it is
expressly understood that upon a determination by a court of competent jurisdiction that
discrimination has occurred, this Agreement automatically terminates without any further action
on the part of any party, effective the date of the court order. Lessee agrees to comply with all
Federal and Florida statutes, and all local ordinances, as applicable, relating to
nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of
1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin;
2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and
1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the
Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the
basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-
6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and
Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of
drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis
of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42
USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug
abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as
amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The
Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time
to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination
provisions in any Federal or state statutes which may apply to the parties to, or the subject
matter of, this Agreement.
23. The County and Lessee shall allow and permit reasonable access to, and inspection
of, all documents, papers, letters or other materials in its possession or under its control subject
to the provisions of Chapter 119, Florida Statutes, and made or received by the County and
Lessee in conjunction with this Agreement; and the County shall have the right to unilaterally
cancel this Agreement upon violation of this provision by Lessee.
VA
24. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of
the County and the Contractor in this Agreement and the acquisition of any commercial liability
insurance coverage, self-insurance coverage, or local government liability insurance pool
coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall
any contract entered into by the County be required to contain any provision for waiver.
25. No person or entity shall be entitled to rely upon the terms, or any of them, of this
Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of
any service or program contemplated hereunder, and the County and the Contractor agree that
neither the County nor the Contractor or any agent, officer, or employee of either shall have the
authority to inform, counsel, or otherwise indicate that any particular individual or group of
individuals, entity or entities, have entitlements or benefits under this Agreement separate and
apart, inferior to, or superior to the community in general or for the purposes contemplated in
this Agreement.
26. LESSEE shall comply with all State, Federal and County laws, statutes, ordinances,
rules and regulations, including but not limited to the rules and regulations as set forth in the
airport's minimum standards, as any of the same may be amended from time to time, all
additional laws, statutes, ordinances, regulations and rules of the federal state and county
governments, and any and all plans and programs developed in compliance therewith, which
may be applicable to its operations, as any of the same may be amended from time to time,
including specifically, without limiting the generality thereof, federal air and safety laws and
regulations and federal, state, and county environmental, hazardous waste and materials and
natural resources laws, regulations and permits and FAA Airport Improvement Program Grant
Compliance requirements.
27. The County reserves unto itself, its successors and assigns, for the use and benefit
of the public, a right of flight for the passage of aircraft in the airspace above the surface of
the real property which is the subject of this Agreement, together with the right to cause in
said airspace such noise as may be inherent in the operation of aircraft, now known or
hereafter used, for navigation of or flight in the said airspace, and for use of said airspace for
landing on, taking off from or operating on the airport.
28. This Lease and all provisions hereof are subject and subordinate to the terms and
conditions of the instruments and documents under which the County acquired the subject
property from the United States of America and shall be given only such effect as will not
conflict or be inconsistent with the terms and condition contained in the lease of said lands
from the County and any existing or subsequent amendments thereto, and are subject to any
ordinances rules or regulations which have been, or may hereafter be adopted by the County
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pertaining to the Marathon Airport.
29. The County shall have the absolute right, without limitation, to repair, reconstruct,
alter or add to any structure and facilities at the Airport, or to construct new facilities at the
Airport. The County shall, in the exercise of such right, be free from any and all liability to the
Lessee for business damages occasioned during the making of such repairs, alterations and
additions, except those occasioned by the sole act of negligence of the County, its employees or
agents.
The County and its authorized officers, employees, agents, contractors, subcontractors
and other representatives shall have the right to enter upon the leased premises for the following
purposes:
a) to inspect the leased premises at reasonable intervals during regular
business hours (or at any time in case of emergency) to determine whether Lessee has complied
and is complying with the terms and conditions of this agreement with respect thereto;
b) to perform essential maintenance, repair, relocation, or removal of the
existing facility(if owned by the County), structure(if owned by the County), perimeter security
fence, underground and overhead wires, pipes, drains, cables and conduits now located on, under
or across the leased premises, and to construct, maintain, repair, relocate, and remove such
facilities in the future as necessary to carry out the Master Plan of development of the Airport;
provided, however, that said work shall in no event unduly interfere with the operations of
Lessee and, provided further, that the entire cost of such work, as a result of the exercise by the
County of its rights hereunder shall be borne by the County.
30. This lease has been carefully reviewed by both the Lessee and the Lessor.
Therefore, this lease is not to be construed against any party on the basis of authorship.
31. This lease represents the parties' final and mutual understanding. It replaces any
earlier agreements or understandings, whether written or oral. This lease cannot be modified or
replaced except by another signed lease or lease amendment.
32. Nothing in this lease should be read as modifying the applicable statute of
limitations. The waiver of the breach of any obligation of this lease does not waive another
breach of that or any other obligation.
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IN WITNESS WHEREOF, the parties have caused this lease to be executed this day of
, 2013.
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST: AMY HEAVILIN, CLERK OF MONROE COUNTY, FLORIDA
Clerk
WITNESSES:
m
I:
Mayor/Chairperson
ALESSEatho lying Club, Inc.
Ext I -a< <n
LEASE AGREEMENT
THIS LEASE AGREEMENT is made and entered into by Monroe County, a political subdivision of
the State of Florida, whose address is Marathon Airport, 9400 Overseas Highway, Marathon, FL 33050,
hereafter COUNTY, and the MARATHON FLYING CLUB, a Florida non-profit corporation, whose
address is PO Box 523148 Marathon Shores, FL 33052, hereafter the LESSEE or TENANT. The parties
agreeing as follows:
1. The County hereby leases to the LESSEE a parcel of land located at the Marathon
Airport with a nine bay shade hangar. The land and hangar are depicted on Exhibits A and All'.
Those exhibits are attached and incorporated into this agreement. The land grid hangar are
collectively referred to in this agreement as the premises.
2. The term of the lease is twenty (20) years beginning when the improvements described
in paragraph 4 are finished.
3. The LESSEE must pay monthly rent in advance for the premises in the amount of $75.00
per hangar bay for a monthly total of $675.00. The LESSEE is also obligated to pay the applicable
sales tax. No rent is due under this paragraph until the lease term begins as described paragraph 2,
However, the LESSEE is obligated to continue to make the rental payments in the amount established
in the lease agreement between the parties dated November 10. 1993, untP the new lease term
begins and the rent charges established by this paragraph commence. The rent amount will be
adjusted each year by an amount equal to the percentage change of the CPI for the Miami/Ft.
Lauderdale area for the preceding year.
4. The COUNTY will make the following improvements to the premises and adjacent
area:
disrepair; a) the repair or replacement of the hangar roof, depending on the state of
b) the installation of an apron and taxiway, contingent upon FAA approval,
i
5. The COUNTY must maintain the basic hangar structure. The LESSEE must maintain,
repair and upgrade the utilities (water and electric) serving the hangar. The LESSEE also must
configure the utility service so that only the premises are provided the utility service.
b. The shade hangar becomes the property of the COUNTY upon the effective date of
this agreement.
7. If the FAA requires that the shade hangar be removed or if the COUNTY requires that
the shade hangar be removed because of airport improvements, then the COUNTY must provide a
similar shade hangar elsewhere at the Marathon Airport at no cost to the LESSEE. The new shade
hangar will also be COUNTY property. The rent for the new shade hangar will be calculated on the
per bay basis plus CPI described in paragraph 3. No rent will be due between the date when the
LESSEE vacates the old shade hangar and the date the new shade hangar becomes available. The
term of this lease, however, will not be tolled during the hiatus between the last occupancy date of
the old (removed) shade hangar and the date of the new shade hangar becomes available.
8. The hangar facilities may only be used for the following:
a) The housing of airplanes not used in commercial service or otherwise used in
competition with any service offered for a fee by the Marathon Airport FBO, other than the rental of
hangar space.
b) The providing of care, repair and maintenance of only those airplanes housed
at the hangar facility. No other use of the hangar facility may be undertaken by the LESSEE without
the approval of the LESSOR's Board of County Commissioners.
c) The temporary parking of automobiles.
9. The COUNTY must make available reasonable ingress, egress and access privileges to
the premises for the LESSEE.
10. LESSEE agrees to indemnify and hold harmless COUNTY from any and all claims for
bodily injury (including death), personal injury, and property damage (including property owned by
Monroe County) and any other losses, damages and expenses (including attorney's fees) which arise
out of, in connection with, or by reasons of the LESSEE utilizing the property governed by this lease
agreement.
n
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this agreement.
11. General Insurance Requirements. Prior to LESSEE taking possession of the premises, the
LESSEE must obtain, at its own expense, insurance as specified in the attached Exhibit B. Exhibit B is
attached and made a part of this agreement. LESSEE may not occupy or use the premises until
satisfactory evidence of the required insurance is furnished to the COUNTY.
The Monroe County Board of County Commissioners, its employees and officials will be
included as "Additional Insured'' on all policies. LESSEE shall carry its insurance with insurance
companies authorized to do business in the State of Florida.
LESSEE must maintain the required insurance throughout the entire term of this agreement, as
specified in Exhibit B. Failure to comply with this provision may result in the immediate termination of
this agreement and the return of all property owned by the COUNTY.
LESSEE must provide to the COUNTY, as satisfactory evidence of the required insurance,
either a
certificate of insurance or a certified copy of the actual insurance policy.
The COUNTY at its sole option may request a certified copy of any or all insurance policies
required by this agreement.
All insurance policies must specify that they are not subject to cancellation, non -renewal,
material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is
given by the insurer to the COUNTY.
The insurance requirements of this paragraph are for the protection of COUNTY, its property
and employees, and members of the general public. The insurance requirement is not, however, for
the protection or benefit of any specific member of the general public who might be injured
because of an act or omission of the LESSEE. The insurance requirements of this paragraph do not
make any specific member of the general public a third party beneficiary under this agreement.
Therefore, any failure of the COUNTY to enforce this paragraph or to ban the LESSEE from the
Marathon Airport if the LESSEE becomes uninsured or underinsured, is not the breach of any duty or
q
obligation owed to any specific member of the general public and cannot form the basis of any
COUNTY liability to a specific member of the general public, his/her dependents, family, estate or
heirs.
12. The LESSEE, on performing its obligations under this agreement has the right of quiet
and peaceful enjoyment of the premise without any interruptions by the COUNTY, or by any person
or persons claiming by, through or under the COUNTY.
assigns.
13. This lease is binding upon the parties, their successors, executors, administrators and
14. The lease may be canceled at the discretion of the COUNTY if the LESSEE fails to
occupy the premises or there is evidence that the premises are abandoned for a continuous period
of any six months during the term of this lease, notwithstanding anything contained in paragraph 1.
15. a) The LESSEE for himself, his personal representatives, successors in interest, and
assigns, as a part of this consideration hereof, does hereby covenant and agree that:
1) no person on the grounds of race, color, or national original shall be excluded from
participation in, denied the benefits of, or be otherwise subjected to discrimination in the use
of the premises,
2) that in the construction of any improvements on, over or under the premises' land,
and the furnishing of services thereon, no person on the grounds of race, color, or national
original shall be excluded from participation in, denied the benefits of, or be otherwise
subjected to discrimination;
3) That the LESSEE shall use the premises in compliance with all other requirements
imposed by or pursuant to Title 49, Code of Federal Regulations, Department of
Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally -
assisted programs of the Department of Transportation Effectuation of Title VI of the Civil
Rights Act of 1964, and as said Regulations may be amended.
b) That in the event of breach of any of this above nondiscrimination covenants, the
COUNTY shall have the right to terminate the lease and to re-enter and as if the lease had never
been made or issued, The provision shall not be effective until the procedure of Title 49, Code of
Federal Regulations, Part 21 are followed and completed including exercise or expiration of appeal
rights..
c) It shall be a condition of this lease that the COUNTY reserves unto itself, its
successors and assigns, for the use and benefit of the public, a right of flight for the passage of
aircraft in the airspace above the surface of the real property herein described, together with the
right to cause in said airspace such noise as may be inherent in the operation of aircraft, now known
or hereafter used, for navigation of or flight in the said airspace, and for use of said airspace for
landing on, taking off from or operating on the airport.
d) That the TENANTS expressly agree for themselves, their successors and assigns,
to restrict the height of structures, objects of natural growth and other obstructions on the herein
described real property to such a height so as to comply with Federal Aviation Regulations, Part 77.
e) That the TENANTS expressly agree for themselves, their successors and assigns,
to prevent any use of the herein described real property which would interfere with or adversely
affect the operation or maintenance of the airport, or otherwise constitute an airport hazard.
16. This lease and all provisions hereof are subject and subordinate to the terms and
conditions of the instruments and documents under which the COUNTY acquired the subject
property from the United States of America and shall be given only such effect as will not conflict or
be inconsistent with the terms and conditions contained in the lease of said lands from the COUNTY
and any exiting or subsequent amendments thereto, and are subject to any ordinances, rules or
regulations which have been, or may hereafter be adopted by the COUNTY pertaining to the
Marathon Airport.
17. Notwithstanding anything herein contained that may be, or appear to be, to the
contrary, it is expressly understood and agreed that the rights granted under this agreement are
nonexclusive and the COUNTY herein reserves the right to grant similar privileges to another LESSEE
or other LESSEEs on other parts of the airport.
18. This agreement is governed by the laws of the State of Florida and the United States,
Venue for any litigation arising under this agreement must be in a court of competent jurisdiction in
Monroe County, Florida. In the event of litigation, the prevailing party is entitled to reasonable fair
market value attorney fees and costs.
19, This agreement has been carefully reviewed by the LESSEE and the COUNTY.
Therefore, this agreement is not to be construed against either party on the basis of authorship.
20. Notices and rent to the COUNTY, unless otherwise agreed to should be sent to:
Marathon Airport Manager
9400 Overseas Highway
Marathon, FL 33050
Notices to LESSEE, unless otherwise agreed to, should be sent to.
MARATHON FLYING CLUB
PO Box 523148
Marathon Shores, FL 33052
21. This agreement is the parties' final mutual understanding. It replaces any earlier
agreements, whether written or oral. This agreement may not be modified except by another written
and signed agreement.
22. This agreement will take effect on the signature date of the last party to sign.
_WITNESS WHEREOF, each party has caused this agreement to be executed by its duly
aut"10 entative.
A'fF�S Y L. KOLHAGE, CLERK
n 1 0 ^ 1) - &411t�-
Deputy Clerk /O-/S- 97
Witness
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BOARD OF COUNTY COMMISSIONERS
OF MON OE LINTY
By
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MARATHON FLYING CLUB
By
Title
APPROVED AS TO FORM
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RORERT N W
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INSURANCE
11ONROE COUNTYNIONROE COUNTY, FLORIDA
RISK MANAGEMENT
_ POLICY AND PROCEDURES
CONTRACT ADMINISTRATION
MANUAL.
f.
Indemnification and Hold Harmless.
for Airpoi't/Airci-aft�Activiiies"�
The Vendor covenants and agrees to indemnify and hold harmless Monroe County Board of
County Commissioners from any and all claims for bodily injury (including death), personal
injury, and property damage (including properly owned by Monroe County) and any other losses,
damages, and expenses (including attorney's fees) which arise out of, in connection with, or by
reason of services provided by the Vendor or any of its Contractors, occasioned by the
negligence, errors, or other wrongful act or omission of the Vendor or its Contractor(s), their
employees, or agents.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
AIR
100
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
General Liability Insurance. Coverage shall be maintained throughout the life of the contract and
include, as a minimum:
• Premises Operations
• Products and Completed Operations
• Blanket Contractual Liability
• Personal Injury Liability
• Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$100,000 per Person
$300,000 per Occurrence
$ 50,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or after the effective date of this contract.
In addition, the period for which claims may be reported should extend for a minimum of twelve
(12) months follo A ing the acceptance of work by the County.
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
GLI
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E;l_Ef? F i r ;,r-r0FF,
LEASE .�.GR N'I E P 3 :1 ?
THIS INDENTURE, made and entered into this loth day of
l .F
November 1994, by and between MONROE COUNTY, a
Political subdivision of the State of Florida, hereinafter called
the Lessor, and MARATHON FLYING CLUB, whose address is P.O. Box
5231481 Marathon Shores, Florida 33052-3148 hereinafter called
the Lessee.
W I T N E S S E T Ho
That the Lessor by these presents leases unto said Lessee a
parcel of land at the Marathon Airport, Marathon, Monroe County,
Florida, as shown on Exhibit A (property map) which is attached
hereto and made a part hereof.
TO HAVE AND TO HOLD the above -described lease unto the
Lessee for an initial term of five (5) years, from the date
hereof, with first option to renew this lease for an additional
term of five (5) years, under the same terms and conditions, upon
mutual agreement of the parties.
The Lessee hereby covenants and agrees to pay the Lessor
rent in the slim of Two Hundred Seventy and 72/100 Dollars
($270.72) per month, plus applicable sales tax of seven percent
(7%), for the use of said premises during the term of this lease,
said rent to be payable in advance on the 1st day of each month
during said term. The lease amount agreed to herein may be
adjusted annually in accordance with the percentage change in the
Consumer Price Index (CPI) for Wage Earners and Clerical Workers
in the Miami, Florida, area, and shall be based upon the annual
average CPI computation from January 1 through December 31 of the
previous year.
The Lessor hereby covenants and agrees with the Lessee as
follows:
1. The Lessee shall have the right to occupy an aircraft
shelter (14,107k total square feet) divided into nine (9)
individual bays as described in Exhibit B which is attached
hereto and made a part hereof. The premises leased hereunder
shall be used solely for the storage of aircraft. Any other use
of said premises shall be considered a material breach of this
lease.
2. The Lessee shall have reasonable ingress, egress and
access privileges to the leased premises.
3. The Lessee, on keeping the covenants and agreements by
him herein contained, shall have quiet and peaceful enjoyment of
the demised premises without any interruptions by the Lessor, or
by any person or persons claiming by, through or under it.
4. This lease shall be binding upon the parties hereto,
their successors, executors, administrators and assigns.
5. This lease shall be automatically cancelled, and the
title to the improvements on the leased premises shall revert to
the Lessor, should the Lessee fail to occupy or there is evidence
that the premises are abandoned for a continuous period of any
six (6) months during the term of this lease, notwithstanding
anything contained in paragraph 1 herein.
6. Lessee shall, upon thirty (30) days written notice from
Lessor, move said shelter from said leased premises if the land
is required to accommodate airport improvements or safety clear-
ances or for any other reason as determined by the FAA or Lessor.
7.(a) Indemnification/Hold Harmless: Lessee covenants
and agrees to indemnify and hold harmless Lessor from any and all
claims for bodily injury (including death), personal injury, and
property damage (including property owned by Monroe County) and
any other losses, damages and expenses (including attorney's
fees) which arise out of, in connection with, or by reason of the
Lessee utilizing the property governed by this lease agreement.
The extent of liability is in no way limited to, reduced, or
lessened by the insurance requirements contained elsewhere within
this agreement.
7.(b) General Insurance Requirements: Prior to Lessee
taking possession of the property owned by the Lessor, Lessee
shall obtain, at his own expense, insurance as specified in the
attached schedules, which are made part of this lease agreement.
Lessee will not be permitted to occupy or use the leased
property until satisfactory evidence of the required insurance
has been furnished to the Lessor as specified below.
Lessee shall maintain the required insurance, throughout the
entire term of this lease agreement, and any extensions, as
specified in the attached schedules. Failure to comply with this
provision may result in the immediate termination of the lease
agreement and the return of all property owned by the Lessor.
Lessee shall provide, to the Lessor, as satisfactory
evidence of the required insurance, either:
* Certificate of Insurance
or
* A Certified copy of the actual insurance policy
The Lessor, at its sole option, has the right to request a
certified copy of any or all insurance policies required by this
contract.
All insurance policies must specify that they are not
subject to cancellation, non -renewal, material change, or
reduction in coverage unless a minimum of thirty (30) days prior
notification is given to the Lessor by the insurer.
The acceptance and/or approval of Lessee's insurance shall
not be construed as relieving Lessee from any liability or
obligation assumed under this contract or imposed by law.
The Monroe County Board of County Commissioners, its
employees and officials will be included as "Additional Insured"
on all policies. Lessee shall carry its insurance with insurance
companies authorized to do business in the State of Florida.
Any deviations from these General Insurance Requirements
must be requested in writing on the County prepared form entitled
"Request for Waiver of Insurance Requirements" and approved by
Monroe County Risk Management.
B. Upon expiration of the lease, the improvements shall
be removed by the Lessee or will thereafter become the property
of the County.
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed as of the day and year first above
written.
(SEAL)
ATTEST: DANNY L.KOLHAGE, CLERK
By ag ���'.
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airflyclub
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
yor/uhairman
MARATHON FLYI CLUB
By �► ��•
ALL VEp jG+FI y
D F.1CIEVCY,
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GENERAL LIABILITY
INSURANCE REQUIREM1?NTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
General Liability Insurance. Coverngc shall be mniwained throughout the lilt of the contract and
include, as a minimum:
• Premises Operations
• Products and Completed Operations
• Blanket Contractual Liability
• Personal Injury Liability
• Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSI.)
If split limits are provided, the minimum limits acceptable shall be-
CV00,000 per Person
$300,000 per Occurrence
S 50,000 Property Damage
An Occurrence Fonn policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or alter the ellbctive date of this contract.
In addition, the period for which claims may be reported should extend for a minimum of twelve
(12) months following the acceptance of work by the County.
The Monroe County Board of County Commissioners shall be named as Additional Insul cd on all
politics issued to satisfy the above requirements.
Adnsim.erainv rntn)dwn C L 1
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M4701 54
LEASE AGRE EMENT
THIS INDENTURE, made and entered into this -� day
of C , A.D. 1988, by and between the County of
Monroe, State IFloida, a political subdivision of the State of
Florida, hereinafter called the Lessor, party of the first part,
and Marathon Flying Club of Monroe County, State of Florida,
whose address is 12411 Overseas Highway, Marathon, Florida 33050,
hereinafter called the Lessee, party of the second part.
W I T N E S S E T H
That the Lessor by these presents leases unto said
Lessee a parcel of land at the Marathon Airport, Marathon, Monroe
County, Florida, as shown on Exhibit A (property map) which is
attached hereto and made a part hereof.
TO HAVE AND TO HOLD the above -described leased premises
unto the Lessee for a term of two (2) years from the date hereof.
The Lessee hereby covenants and agrees to pay the
Lessor rent in the sum of Two Hundred Sixty-five and 61/100
Dollars ($265.61) per month (.217 per year per sq. ft.), plus
applicable sales tax, for the use of said premises during the
term of this lease, said rent to be payable in advance on the 1st
day of each month during said term.
The Lessor hereby covenants and agrees with the Lessee
as follows:
1. The Lessee shall have the right to occupy an
aircraft shelter divided into nine (9) individual bays as
described in Exhibit B which is attached hereto and made a part
hereof.
2. The Lessee shall have the reasonable ingress,
egress and access privileges to the lease premises.
3. The Lessee, on keeping the covenants and agreements
by him herein contained, shall have quiet and peaceful enjoyment
of the demised premises without any interruptions by the Lessor,
or by any person or persons claiming by, through or under it.
4. This lease shall be binding upon the parties
hereto, their successors, executors, administrators and assigns.
5. This lease shall be automatically cancelled, and
the title to the improvements on the lease premises shall revert
to the Lessor, should the Lessee fail to occupy or evidence that
the premises are not abandoned for a continuous period of any six
(6) months during the term of this lease, notwithstanding
anything contained in Paragraph 1 herein.
6. Lessee shall, upon thirty (30) days written notice
from Lessor, move said shelter from said leased premises if the
land is required to accommodate airport improvements or safety
clearance or for any other reason as determined by the FAA and
Lessor.
7. In the event said shelter is required to be moved
as determined above, the leasehold will be transferred to an
alternate site of comparable area and accessibility on the
airport, if available. Federal, state and local government
funding shall be used to the maximum extent to finance such a
move.
8. Lessee shall have in force liability insurance in
the amount of at least $300,000 with the Lessor co-insured.
9. At the expiration of this lease, Lessee shall have
the option to renew this lease for an additional two (2) year
period subject to a review of the terms by the Lessor.
IN WITNESS WHEREOF, the party of the first part has
caused these presents to be executed in its name, and the party
of the second part has signed these presents, in triplicate, all
as of the day and year first above written.
(SEAL)
AttestD`NNY L SOLHAGE, Clerk
COUNTY OF MONROE,
STATE OF FLORIDA /f
Mayor/Chairman o the oar
of County Commissioners of
Monroe County, Florida
4
MARATHON FLYING CLUB
By:
AS ro ro-,
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Art Skelly
Dirm-tor of Airports
RESOLUTION NO. 062 -1986
A RESOLUTION OF THE BOAFD OF COjTN'fy COMMIS -
STONERS or tIONROF COUVITY, FLORIDA,
AUTHORIZING THE MAYOR Ali!' CHAIRMAi: OF TPF
BOARD TO APPR0V-F AND EXECUTE "% LE.ASF
AGREEMENT BY AND B1iT4jEFN THE COUNTY Or
.!ONROE, FLORIDA 114T) MAPA2HON FLYING CLUB
COECERNING AIRCRAFT SHTITER SPACE AT THE
MARATHON AIRPORT.
13E 'T PFqOLVT'D P..Y TbE BOARD CF COUNTY COWISSIONERS OF
M(,'NrOF 'PUNTY, FIORTDA, said Boald hereby approves and
aut1inrJ.*.-sE-- the Mayor ,nd Cbairman rf said Board to e:,ecute a
Leasc: Abrnorient by ;u,.L.' between the Comit-7 of Monroe, Florida and
Niar,-.rhon Flvf.ng Club, o copy of same being., �ttached h.--reto,
concerning aircraft siteiLer sp.1cp ;it the K'Lradion ftrport:.
PASSFD ANJI ADOETED by r1W BOP'.7-L! (f C.J!jl-lt), Comlai*.-jianers of
Monroe County, Flor-;C..,, ul a Legu-i;'y tj —id Boazu held
on tl,e Li=.•- of q
(ELal)
BOARD (-'-F (,(;oNry COMMISSIONERS
140NROE (;OUNTY, FLORIDA
Mayor/C airman
A r r- e s t : D`- -, L J., . :- Ll I . -
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LEAS E AGREEMENT
THIS INDENTURE, made and entered into this I h day
of A rl A , A.D. 1986, by and between the County of
Monroe, State of Florida, a political subdivision of the State of
Florida, hereinafter called the Lessor, party of the first part,
and Marathon Flying Club of Monroe County, State of Florida,
whose address is 12411 Overseas Highway, Marathon, Florida 33050,
hereinafter called the Lessee, party of the second part.
W I T N E S S E T H:
That the Lessor by these presents leases unto said
Lessee a parcel of land at the Marathon Airport, Marathon, Monroe
County, Florida, as shown on Exhibit A (property map) which is
attached hereto and made a part hereof.
TO HAVE AND TO HOLD the above -described leased premises
unto the Lessee for a term of two (2) years from the date hereof.
The Lessee hereby covenants and agrees to pay the
Lessor rent in the sum of Two Hundred Sixty-five and 61/100
Dollars ($265.61) per month (.217 per year per sq. ft.), plus
applicable sales tax, for the use of said premises during the
term of this lease, said rent to be payable in advance on the 1st
day of each month during said term.
The Lessor hereby covenants and agrees with the Lessee
as follows:
1. The Lessee shall have the right to occupy an
aircraft shelter divided into nine (9) individual bays as
described in Exhibit B which is attached hereto and made a part
hereof.
2. The Lessee shall have the reasonable ingress,
egress and access privileges to the lease premises.
3. The Lessee, on keeping the covenants and agreements
by him herein contained, shall have quiet and peaceful enjoyment
of the demised premises without any interruptions by the Lessor,
or by any person or persons claiming by, through or under it.
4. This lease shall be binding upon the parties
hereto, their successors, executors, administrators and assigns.
5. This lease shall be automatically cancelled, and
the title to the improvements on the lease premises shall revert
to the Lessor, should the Lessee fail to occupy or evidence that
the premises are not abandoned for a continuous period of any six
(6) months during the term of this lease, notwithstanding
anything contained in Paragraph 1 herein.
6. Lessee shall, upon thirty (30) days written notice
from Lessor, move said shelter from said leased premises if the
land is required to accommodate airport improvements or safety
clearance or for any other reason as determined by the FAA and
Lessor.
7. In the event said shelter is required to be moved
as determined above, the leasehold will be transferred to an
alternate site of comparable area and accessibility on the
airport, if available. Federal, state and local government
funding shall be used to the maximum extent to finance such a
move.
8. Lessee shall have in force liability insurance in
the amount of at least $300,000 with the Lessor co-insured.
9. At the expiration of this lease, Lessee shall have
the option to renew this lease for an additional two (2) year
period subject to a review of the terms by the Lessor.
IN WITNESS WHEREOF, the party of the first part has
caused these presents to be executed in its name, and the party
of the second part has signed these presents, in triplicate, all
as of the day and year first above written.
(SEAL)
Attest: CANNY L, KOLHAGE, Clerk
Ile_
er
COUNTY OF MONROE,
STATE OF FLORIDA d
By :
ayor airman o t e oar
of County Commissioners of
Monroe County, Florida
4
MARATHON FLYING CLUB
APPR O AS TO FOB M
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LEASE AGREEMENT
THIS LEASE AGREEMENT, made and entered into as of the
10 day of August , A.D. 1976, by and between MONROE
COUNTY, FLORIDA, a political subdivision of the State of Florida,
as Lessor, sometimes hereinafter referred to as the "County", and
MARATHON FLYING CLUB, INC., a Florida corporation, hereinafter
referred to as the "Lessee",
W I T N E S S E T H:
WHEREAS, the said MARATHON FLYING CLUB, INC., has requested
Monroe County, Florida, to furnish certain land at the Marathon
Airport, Marathon, Monroe County, Florida, for the purpose of
erecting a private hangar or hangars, now, therefore, the County
by these presents does hereby lease and grant unto the Lessee the
following described property, to -wit:
A tract of land on the MARATHON AIRSTRIP at Key
Vaca, Monroe County, Florida, and being more
particularly described by metes and bounds as
follows:
Commencing at the Northwest Corner of "INDUSTRIAL
SUBDIVISION", as recorded in Plat Book 3, Page 132
of the Public Records of Monroe County, Florida,
bear South 22 degrees and 09 minutes East, along
the West Line of "INDUSTRIAL SUBDIVISION", 150
feet; thence bear South 67 degrees and 51 minutes
West, 435.6 feet to the POINT OF BEGINNING of the
tract of land hereinafter described, said POINT
OF BEGINNING being the Northwest Corner of that
tract of land leased to D. R. Gaines; from said
POINT OF BEGINNING 51 minutes West, 435.6 feet;
thence bear South 22 degrees and 09 minutes East,
100 feet; thence bear North 67 degrees and 51 min-
utes East, 435.6 feet to the Southwest Corner of
the tract of land leased to D. R. Gaines; thence
bear North 22 degrees and 09 minutes West, 100
feet, back to the POINT OF BEGINNING, containing
1.0 acres.
ARTICLE I. This Agreement shall be for a term of three
(3) years, and shall become effective on the lst day of September,
1976, and shall terminate on the 31st day of August, 1979, unless
sooner terminated in accordance with covenants contained herein.
rf
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ARTICLE II. The Lessee shall pay to the County as annual
rental the sum of $548.00, which said sum shall be payable annually,
in advance. In addition to said rental, Lessee covenants and
agrees with the County to pay State Rental Tax.
ARTICLE III. The Lessee hereby agrees to use said leased
premises only for the erection of a private hangar or hangars, and
shall have the right to erect, at its own expense, one or more
hangars upon said premises, with the privilege of removing same
from the leased premises at the termination of this lease, or any
renewal thereof. However, prior to the erection of any hangar or
hangars upon said leased premises, the Lessee shall submit to the
County the plans for the type of hangar intended to be erected,
and the design of said hangar must be approved by the County prior
to the erection thereof.
ARTICLE IV. The Lessee agrees not to conduct, nor allow
to be conducted on the leased premises, any business ventures,
enterprises or activities, including, but not limited to, the sale
of gasoline, oil, airplane parts, or any other goods and/or ser-
vices, and covenants that it will not conduct any repair services,
except that it shall have the right to repair its own private
planes, and further, shall not engage in any businesses or activ-
ities authorized under any leases made by Monroe County to fixed
base operators at said Airport, nor shall it engage in any auto-
mobile rental services of any nature whatsoever.
ARTICLE V. Lessee agrees to take out the necessary public
liability insurance to hold the County harmless from any liability
as a result of any acts of omission or commission of the Lessee,
or agents, servants, employees or independent contractors of the
Lessee, or for any condition resulting from the operations or activ-
ities of the Lessee, his agents, servants, employees or independent
contractors, or any other Lessee or person, their agents, servants,
employees or independent contractors, anything in this Lease to
the contrary notwithstanding.
-4-
ARTICLE X. The Lessee agrees that without prior written
permission of the County, no excavation of any of the leased lands
shall be made and that no soil or earth shall be removed from said
premises.
ARTICLE XI. Lessee agrees that it will keep the leased
premises and any buildings that may be erected thereon at all
times free and clear of any and all liens in anywise arising out
of the activities or use thereof by Lessee, provided however, the
Lessee may in good faith contest the validity of any lien.
ARTICLE XII. The Lessee acknowledges and agrees that it
has examined the premises, and is fully advised of the condition
and location thereof, and the limitations and restrictions placed
on any building, structure or other object as to height, due to the
proximity of the landing and takeoff areas of the Airport. Lessee
further agrees to abide by and observe all such restrictions and
limitations, and agrees that the observance of such limitations and
restrictions, whether by municipal, county, state or federal govern-
mental authority, shall not in anywise affect the Lessee's obliga-
tions under this Lease.
ARTICLE XIII. In addition to the acts of default else-
where defined, the commission of any of the following acts by the
Lessee shall constitute a default, and this Lease may be terminated
by the County immediately upon notice in writing to the Lessee:
Abandon, desert, vacate or discontinue operations on the premises
or petition for any bankruptcy or insolvency, or be adjudicated
bankrupt, or make a general assignment for the benefit of creditors,
or suffer a lien to be filed against the premises, or permit a re-
ceiver or trustee to come into possession without removing them
within a reasonable time.
ARTICLE XIV. This Lease is made on the condition that
the Lessee shall perform all the covenants and agreements herein
set forth to be performed by it. If at any time there be default
on the part of the Lessee in the payment of rent, assessments or
other charges and payments by it to be made, and if such default
-3-
The County shall not be responsible for the loss or de-
struction of personal property or personal effects of persons or
companies, or for loss, destruction or injury to equipment or
other property of any nature or type whatsoever, unless same is
caused by the sole negligence or willful act of the County, its
agents, servants or employees.
ARTICLE VI. The Lessee shall not assign this Lease,
either as an absolute transfer of its title or interest therein or
hereto, or as security for a loan, or sublet the premises, or any
part thereof, nor use the same or any part thereof, nor permit the
same or any part thereof to be used for any other purpose than as
set forth herein, without prior approval by the Lessee.
ARTICLE VII, The County, by and through its duly authorized
representatives, shall at all reasonable times have free access to
the premises and the buildings situated thereon, for the purpose of
examining or inspecting the same, and for all other lawful and
reasonable purposes.
ARTICLE VIII. Lessee agrees, promptly upon the termina-
tion of this Lease by lapse of time or otherwise, that it will at
once peacefully surrender and deliver possession to the County of
all lands hereby leased, in as good a condition as they were when
leased to it.
ARTICLE IX. The Lessee further agrees that all areas of
the leased premises not paved shall be maintained by it in a neat
condition, and that grassed areas shall be mowed regularly and
shrubs will be trimmed so as to maintain the premises in a clean
and attractive condition. Any areas not grassed or paved shall
be stabilized by the Lessee, and the leased premises shall be so
utilized that use of the premises will not cause dust, debris or
waste to be blown about or raised so as to interfere with or dis-
turb the use or enjoyment of any adjacent or adjoining premises.
Further, that the Lessee shall keep and maintain the leased prem-
ises and any buildings that may be erected thereon in a neat and
clean condition.
-5-
shall continue for a period of five (5) days after notice by the
County, or if there shall be default on the part of the Lessee in
the performance or observance of any of the covenants or agree-
ments hereof by it to be observed or performed, and such default
shall continue for a period of fifteen (15) days after written
notice of such default being given by the County to the Lessee,
then this Lease shall be terminated, and the County shall at any
time thereafter, without demand or notice (which is hereby waived
by the Lessee) have full right at its election to enter upon the
demised premises and take immediate possession thereof, and all
improvements made on said premises shall be forfeited to the County
without compensation therefor to the Lessee. In addition, in the
case of a breach by Lessee of any of the covenants or agreements
herein contained for any reasons whatsoever, including, but not
limited to, the discontinuation of business on the premises, bank-
ruptcy, insolvency or assignment for the benefit of creditors, the
balance of the rental moneys for the entire term of this Lease
shall be considered at once due and payable, without notice of
demand on the part of the County.
ARTICLE XV. The Lessee shall have the option to renew
this Lease for an additional period of three (3) years, upon the
termination hereof, on terms and conditions to be mutually agreed
upon at the time of renewal, provided the Lessee gives at least
ninety (90) days notice in writing to the County of its intention
to exercise said option, prior to the time of expiration of this
Lease.
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed, all as of the day and year first above
written.
MONROE CO TY, FLORIDA
P
By
SCAP
maryor an hairman of the BoarU
a.
Of County Commissioners
,Attest
er the Circuit Court of Monroe
County, Florida, and ex officio Clerk
of the Board of County Commissioners
of Monroe County, Florida.
(Seal)
Attest:
Secretary
-6-
MARATHON FLYING CLUB, INC.
By
Pr si ent
(Seal)
31,
[--1
�'r I
I� f
II EXHIBIT
EXHIBIT 'C - ]�
DEC 23 L"3 r- X f4 1/3; 0
AIRPORTSIOMB na *EQ===nmx mw
L. This lease shall be subject to review and m-evaluation
at the and of each 2 year period, by the airport
nwnar and the rent mar ya adjusted according to their
action, not to exceed the Conenmer price Index rate
during the last PJL- month period, or;
Land leas improvements will be appraised every 1 yea"
and the adjust.d rental Will be based an normally 10-=2
portent of appraised value. ZZ disputed, lessor
obtains appraisal at his aupensa and lassar/lamaee
equally abnre Mwenss for revues appraisal that
astabiishaa lair market valveso
z0 she tenant for himself, hie personal represantativese
suCtmuffors in interest, and assigner ae a part o0 the
consideratlan herev=, woes hereby covenant and agree
that (1) no Parson an the 9snuft" of racer Galore ar
national origin Shall be excluded rrna participation .
inr denied the banerits at, or ba othesn#aa subjected
to discrimination in tun use of said facilities, (a)
that in the construction of any improtiamonts art, over
or under such land and the ftrnishing or services
thersonr, no parson an the grounds of race, Color, or
national origin aha11 be excluded from participation
iu, denied the benefits or, or be otherwise subjected
to discrimination, (3) that the tenant shall un tba
pr Mimes in CaMlianoa with all other requirements
imposed by or 9ursnant to Title 49r Mode of Federal
Regulations, Department of Transportation, Subtitle A.
Office of the secretary, part 21, Nondiscrimination is
Federally -assisted programs of the Department of
Trrnmqpnrtatton-Etlactnation of Title ttx of the Civil
Rights Act of 1964, and as said --Regulations map be
amended.
That in the avant se breavh of any Of the above
nandiaariminatien oovartantar Airport Owner shall have
the right to to=ainate the lease and to re -setter and as
If said lesss had awes baron =ad , or iaaued. Ths
Provision .hail not be effective natal tho proeedasms
of TWO 49, Code of Fedarnl Regulations, post al are
tnllu"d asal Completed including egreise or expiratisa
of appeal rights.
3. It shall be a amintion or thLa lausar uml. t,Ls, lasaoc
reserves unto itsaire its succeSat" and assigns, tar
the use ana bsnetit os the public, a right or flight
for the passage or aircratt in the airspace above the
surface of the real property hareinatter describad,
together with the right to ,cause in said airspace muse
noise as may be inherent in the operation of aircraft,
now known or hereafter used, car navigation of or
flight in the said airspace, and for use of said
airspace for larding on, taking off from or operatinq
an the airport.
%bat the Tenant expressly agrees tar itself, its
uc scessors and assivns. to ,restrict the height of
structures, objects of natural growth and otter
obstructions an the herainalter described real propas't]t
to such A height ao as to comply with Federal Aviatica
209ulations. Pert 77.
That the Zama" only agrees Flf, or itse, its
anoeeseore and ass=r to Prevent amuse at the
haraiaalter dosaribod real property which gold
iaterfor& with or advassolY artaot the operation ae
msinteaaeos of the oirport, or otheraiso cctitnta an
airport hazard. .
a. ?his lease and all provisions basset are subject and
subardbMte Lu Lhu Larne end conditions of. the
• instruments and documents under ahiub Um Airport a-sm
acquired =a aobjaot ptopesty =toe � pnILW natue or
Aww;Lm and agar], tee gqiven only such effect as ri11 not
conflict or de LAoonsistent with the terms and
conditions eentained in the lease or said lands lromn
the Airport Owner, end any existing cr subsequent
amandments thereto, and are subject to any ordinances,
rules or regulations which have been, or may borealter
be adopted Ir
e AirportOwner pertaining to trio
/�lAPATh,Ml rt.
..s. Notwithstanding annhiM herein contsinad that any be,
ar appear to be, -to the contrary. it is expressly,
understood and agreed that the rights granted raider
this agreement are noneYalUsive•and the Lessor herein
raearven the right to grant similar privileges to
another Lesnw, 0 or other LAPtnarm m nthwr parts of the
airport_
RECEIVED
oEc Rs LM
AIRPORfSIOMB
2011 Edition
AIRPORT LIABILITY
AND
HANGARKEEPERS LEGAL LIABILITY
INSURANCE REQUIREMENT
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract involves the repair, servicing, maintenance,
fueling, or storage of aircraft, the Contractor will be required to purchase and maintain,
throughout the life of the contract, Airport Liability and Hangarkeepers Legal Liability Insurance
naming the Monroe County Board of County Commissioners as Additional Insured.
The minimum limits of liability shall be $1 million.
HKL3
Administration Instruction
63
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OPTION 2
MAY 17, 2013
UWO USE FOR N(W
n�^ A^ ai
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Exhibit
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to
JAMBS
RF
EXHIBIT IC - 1'
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olo
maim
DEC 231993 F- X g i 1
► iRPB TSIOMB
1.. This lease shall bn subject to review and re-mmluation
at the and of each 2 Year period, by the airport
nwnar and the rent may be adjusted accordinq to their
action, not to exceed the Consumer. price Index rate
during the last !'&X— month period, or;
Land less improvasents will be appraised ovary S years
and the adjuated rental will he hum d an normally 10-19
porcent of appraised value. If disputed, Lessor
obtaiao apps'd-isal at hie e3pense and lessor/isoeee
eq=lly share QWVsnse for review appraisal that
establishes fair market value.
Z. The tenant for himself, his parsobal reprasentatives,
nuc=nnsors in interest, and assigns, ae a part of ths
consideration herevt, does herabY nova:cant and agree
that (1) no person on the yraunda of race, color, ear
national origin shall be excluded Z== pdrtieipation
in, denied the baneZits oi, ar be oths W"u subjected
to ctiscrimination in =a use or said taciiities, (a)
that in the construction of any improvemanss on, over
or under such land and the furnishing of services
thereon„ no person on the grounds of race, color, or
national origin shall be excluded from participation
in, denied the benefits a or be otherwise subjacted
to discrimination, (1) thft the tenant shall use the
premises in cmmplianaa with all other requirements
imposed by of pursuant to Title 49, Code of Federal
Ragulationst Department of Transportation, Subtitle A,
orrice of the secretary, part 21, Nondiscrimination is
Federally -assisted programs of the Department of
Trrnxpnrtation-Effectuation of Title VZ of the Civil
Rights Act of 1964, nod an xaid'•RagU"tions may be
amended.
That in the avant of broach of any of the above
nondiscrimination oovonaota, Airport Owner shall have
the right to terminate the lease and to re-enter and as
if oaia lance hod never boon made or inoued. The
provision shall not be effective until the proneduree
of Title 491 Cade of Federal Regulations, runt ai are
tolluwW mad aompleted including axereise or expiration
of appeal righl.a.
3. 1t shall be a condition or this leases, that. thr lessee
reOerVes unto itealt, its suCCeaBors and assigns, tar
the use ana benetit of the pumice a right or flight
for the passage or aircratt in the airspace above the
surface of the real proPertY hnreinatter described,
tc the= Frith the right to cause in said airspace euW
noise as may be isharent in the operation of aircraft,
now knonn or hareatter used, car navigation of or
flight its the acid airspace, and for use of Said
airspace for landing on, taicinq off from or operatlnq
on the airport.
That the Tenant •xpreasly agrees for itself, its
soccessore and sissivns, to restrict the height of
structures, objeats Of natural growth and other
obstructions on the hereinafter described real property
to such a hotght no as to comply with Pedaral Aviation,
gulations, Part 77.
That the Lasso enmenair ag=aan for itosif, its
euaoaaaora and assig"t to prevent any use at the
berainatter dsaaribnd real property Which would
intarfers with an adversely affect the operation ear
maintenance Of the airport, or otherwise oonotituto an
airport hazard. .
4. This lease and all proviaioss harmer are subject and
subu iUnate LU tiha reran and conditions of . the • .
instruments and docnaants under whln6 Ulu Airport owner
acquired the sab j eat property CZ C the palms a4Ates of
America and edali be qiven only such effect as vill cot
conrlict or be inconsistent aids the terms and
conditio{sa contained in the lease of'said lands from
thr Airport Cancer, and any existing or subsevent
amendments thereto, and are subject to any ordinances,
rules or regulations Which have beers, or may hereafter
be adopted by the Airport Owner pertaining to the
%M A MTha,J Airport.
5. NOW anything hWein contained that say be,
•• or appear to beg -to the contrary, it is "Prassiy
understood and agreed that the rights granted under
thin agreement are none=11wive .and the Lessee:• herein
resarvas the right to grant similar privileges to
another Lessee or other Lmijanx an fthar parts of the
airport.
RKENED
DEC 231993
AIRPORTSIOMB